Availability of the Supplemental Draft Environmental Impact Statement for Nebraska Department of Transportation’S Nebraska Highway 12 Niobrara East and West Project

PUBLIC NOTICE

Corps File No: NWO-2004-10258-WEH Project: Nebraska Highway 12 (N-12) Niobrara East and West US Army Corps Project of Engineers Applicant: Nebraska Department of Transportation Omaha District Waterways: Missouri River, Ponca Creek, Harry Miller Creek, Medicine Creek, Bazile Creek, intermittent waterways (primarily tributaries to the aforementioned surface waters) Release Date: January 3, 2020 February 17, 2020 Comments Due:

REPLY TO: Rebecca Latka, N-12 EIS Project Manager U. S. Army Corps of Engineers Omaha District 1616 Capitol Avenue 45-DAY NOTICE Omaha, Nebraska 68102 Phone: (402) 995-2681 E-mail: [email protected] https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/EIS-Highway-12/

JOINT PUBLIC NOTICE

CLEAN WATER ACT SECTION 404 PERMIT APPLICATION AND AVAILABILITY OF THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR NEBRASKA DEPARTMENT OF TRANSPORTATION’S NEBRASKA HIGHWAY 12 NIOBRARA EAST AND WEST PROJECT

JOINT PUBLIC NOTICE: This public notice is issued jointly by the U.S. Army Corps of Engineers (USACE), Omaha District, and the Nebraska Department of Environment and Energy (NDEE). The NDEE will review the proposed project (N-12) for state certification in accordance with the provisions of Section 401 of the Clean Water Act (CWA). The NDEE hereby incorporates this public notice as its own public notice and procedures by reference thereto.

AUTHORITY: Section 404 of the CWA (33 USC 1344)

APPLICANT: Mr. Kevin Domogalla, Nebraska Department of Transportation (NDOT), District 3 Engineer, 408 North 13th Street, Norfolk, Nebraska 68702

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SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT:

The USACE has prepared a Supplemental Draft Environmental Impact Statement (SDEIS) to analyze the direct, indirect and cumulative effects of a proposed Nebraska state highway project, Nebraska Highway 12 Niobrara East and West Project (Project), by the NDOT. NDOT proposes to rehabilitate two segments of N- 12 east and west of Niobrara, between Verdel and Spur 54-D in Knox County, Nebraska.

The SDEIS describes the Project by the NDOT; a road rehabilitation of N-12 which incorporates an elevation increase to the 100-year flood elevation plus 3 feet. Alternatives to this proposal have also been reviewed, with all alternatives within the existing N-12 corridor, and are described in the SDEIS. The purpose of the Project is to improve the safety and reliability of the roadway and meet current NDOT design standards.

PROJECT LOCATION: The Project is located in Knox County, in northeastern Nebraska near the village of Niobrara. Niobrara West or Segment 1 is approximately 6.4 miles long and extends from just east of Verdel, Nebraska east to 2 miles west of the N-12 Niobrara River Bridge. Niobrara East or Segment 2 is approximately 6 miles long and extends from just east of Spruce Avenue in Niobrara east to approximately 1 mile east of Spur 54D.

PROJECT DESCRIPTION: All alternatives use a similar vertical profile clear of the anticipated wave action based on the current 100-year flood elevations, without consideration for future siltation for each alignment. Consistent with standard NDOT practice, a 6-foot buffer past the limits of construction was also included when determining wetland impacts. It is proposed that traffic and access to existing properties will be maintained with temporary pavement and by phasing construction at key locations where access is not available along other routes.

NDOT’s Applied-For Project, S-3 Minimized: Alternative S-3 Minimized involves raising the existing N- 12 roadway on a parallel alignment for both the west and east segments to an elevation approximately 3 feet above the projected water surface elevation of the Missouri River during a 100-year flood event. The 3 additional feet compensates for potential wave action (assumed to be 3.0 feet). The total roadway elevation increase would be approximately 4 to 9 feet higher than the existing N-12, depending on location. In addition, the roadway would be widened to have 12-foot driving lanes, 2-foot paved plus 6- foot turf shoulders (8 total feet), 30-foot lateral obstacle clearance, and sloping embankments. Curvature and ingress and egress considerations for county roads and private access would be modified to satisfy current NDOT design standards and to facilitate an adequate level of service for east-west traffic. A 6:1 maximum slope would be used within the clear zone, with a 3:1 maximum slope used to tie into existing ground. Riverside slopes would be armored with riprap to 1 foot above anticipated wave action.

The west segment would be 6.4 miles long; the east segment would be 6.0 miles long; and proposed elevation of the N-14 segment would be 0.7 mile long. Traffic is proposed to be maintained on a two-lane temporary roadway offset to the north through the construction zone, consisting of two 12-foot driving lanes, a 6-foot shoulder adjacent to the new roadway, and a 4-foot shoulder within the future ditch of the new roadway. Existing intersections with county roads and private crossings would remain open during construction to the greatest extent possible.

Construction would likely occur in phases consisting of different sections within the west and east segments. It is anticipated that the work would generally progress linearly, with bridge construction occurring in advance of, and during, roadway and culvert construction. Each phase would begin with adding necessary embankment, culvert extensions, and pavement to provide for temporary maintenance of traffic. Once traffic is shifted to the temporary pavement, additional roadway embankment and the Page 2 of 8

proposed improvements would be constructed. Because traffic is proposed to be maintained to the north, temporary crossovers would be needed to use existing bridges where proposed bridges would be located to the south of the proposed alignment, such as at Bazile Creek.

PROPOSED HIGHWAY N-1 2 - Sl

For more information on the applied-for Project and its alternatives, see Chapters 2.0 and 5.0 of the SDEIS.

PROJECT PURPOSE: NDOT’s stated project purpose is to maximize utilization of existing transportation infrastructure by rehabilitating the existing N-12 to improve the safety and reliability of the roadway, as well as to meet current NDOT arterial design standards for a major arterial-intermediate highway, between approximately Verdel, NE and Spur 54D. Rehabilitation of the existing road would preserve the existing transportation asset and its right-of-way, provide a safer and more efficient roadway that accommodates the need for local and regional mobility of the travelling public (including commercial traffic).

NDOT indicated the project is needed due to ongoing risk of flooding, unreliable operations, and interruptions to regional connectivity. The existing N-12 roadway does not meet current arterial roadway design standards for a major arterial-intermediate highway. Continuing the current practice of maintenance fixes would not address the overall issue of a sub-standard roadway. For supporting information, see Chapter 1.0 of the SDEIS.

The basic project purpose, as defined by the USACE, is road rehabilitation.

The overall project purpose, as defined by the USACE, is to rehabilitate the existing roadway to maximize utilization of the existing transportation infrastructure and right-of-way, improve the safety and reliability, and bring the roadway up to current NDOT design standards for a major arterial highway between Verdel and the Spur 54D. This project purpose would be used to evaluate the full range of alternatives under Section 404(b)(1) guidelines and NEPA (see Chapter 2.0, SDEIS).

SPECIAL AQUATIC SITES: The total acreage of permanent wetland and stream impacts anticipated from Alternative S3 Minimized is 90.06 acres of wetlands in the following types (PEMA, PEMC, PEMF, PFOA, PSSA and PUBG), and 1,206 linear feet (0.61 acre) of stream channel impacts in the following types (perennial, intermittent, ephemeral). A summary of this information for the applied-for alternative, and a breakdown of wetland type by Cowardin classification is provided in Chapter 5.0 of the SDEIS. See Appendix E of the SDEIS for a visual representation of the impacts. AVOIDANCE, MINIMIZATION, AND MITIGATION: NDOT applied several strategies to avoid and/or minimize aquatic resource impacts to Alternative S-3, in order to develop Alternative S-3 Minimized. NDOT will not compromise safety or disregard arterial design standards for a major arterial-

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intermediate highway in order to consider avoidance measures through the extensive use of guardrail or placement of bridges in areas that do not qualify as bridge size structures. Because of the interrelated nature of roadway design criteria, the proposed avoidance and minimization strategies needed to be applied simultaneously to determine the feasibility and adjustments needed to reduce impacts while still satisfying the NDOT designated minimum design criteria. For this reason, individual gains for each strategy as a standalone modification are not available nor practicable to determine. • Adjusting top of culvert elevations to be at the 100-year flood elevation plus 3 feet of wave action • Adjusting the roadway profile to remain above the 100-year flood elevation plus 3 feet of wave action while allowing the proposed profile to be lower than the existing profile • Shifting the horizontal alignment to avoid wetland impacts • Eliminating ditches located in areas where wetlands would be impacted • Maintaining existing traffic on the south side to allow using existing bridges as temporary bridges during project construction. • Utilize a temporary slope during construction of the permanent lanes to allow using significant portions of the existing road as the temporary road during project construction. During final design, potential further minimization of wetland impacts for the Applied-for Project would be evaluated, and design alterations would be made to minimize wetland impacts where practical.

COMPENSATORY MITIGATION: NDOT evaluated mitigating project wetland impacts at wetland mitigation banks within a service area encompassing the sites impacted. Based on this evaluation there were no banks available to mitigate project impacts. On-site and off-site alternatives are being evaluated at this time to mitigate impacts. The total acreage of permanent impacts for the N-12 roadway project is 90.06 acres. To meet N-12 project obligations regarding permanent wetland impacts, the NDOT anticipates construction and implementation of a permittee-responsible wetland mitigation site in accordance with the USACE 2008 Mitigation Rule as implemented through internal NDOT guidelines and Individual and Regional Permit conditions issued by the Nebraska Regulatory Office. The conceptual approach for this compensatory mitigation site varies depending on the site and objective. Mitigation will be either wetland establishment, which would involve some excavation, or wetland restoration, which would be focused on restoring site hydrology and native wetland vegetation or chute restoration which involves deepening an existing channel. Either approach will have the benefit of shallow groundwater levels in a floodplain location, major ingredients for a successful and sustainable wetland mitigation site. The NDOT intends to consult with the USACE and have an approved 12-Point Mitigation Plan and grading plans for the mitigation site prior to permit issuance. At this time NDOT is considering four potential sites to fulfill project mitigation requirements:

• The Brion off-site, out-of-kind proposed mitigation site. The Brion site is located near the Missouri River and northwest of the Village of Monowi, NE, approximately 10 miles west northwest of the western project terminus. This project would restore a portion of the backwater chute and adjacent wetlands.

• The Outlaw Trail on-site, in-kind proposed mitigation site located approximately one mile west of Bazile Creek along the south side of the east alignment. This site would be a restoration of Missouri River floodplain wetlands along the south side of the N-12 corridor. Most of this area is farmed and would require excavation to historic wetland elevations and reseeding with native wetland seed mixes for each appropriate wetland type.

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• The Old Town on-site, in-kind proposed mitigation site located near the Missouri River and the old town of Niobrara which was relocated uphill and up-gradient of rising groundwater levels in the 1970s as a result of continuing local problems from the construction of Gavins Point Dam. This site would be a restoration of Missouri River floodplain wetlands along the river. Most of this area was developed as part of the former Niobrara village and would require excavation to historic wetland elevations and reseeding with native wetland seed mixes for each appropriate wetland type.

• The Lazy River Road off-site, in-kind proposed mitigation site located just north of Ponca Creek on the west alignment. This site would be a restoration of Missouri River floodplain wetlands. Most of this area is farmed and would require excavation to historic wetland elevations and reseeding with native wetland seed mixes for each appropriate wetland.

CULTURAL RESOURCES: No known archaeological resources would be impacted by the Applied- for Project. However, the mitigation site and borrow areas have not yet been identified. Once borrow and mitigation areas are determined, the normal vetting process of the NDOT Highway Archeology Program and the Nebraska State Historical Society Cultural Resources Geographic Information System (CRGIS) archeological resources database and historic maps; archeological field surveys and reporting, if warranted; and consultation with the Nebraska State Historical Society (NSHS) for concurrence that the proposed mitigation and borrow areas would have no effect on historic properties or cultural resources. In addition, Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires the USACE to determine whether their undertakings would have adverse impacts on historic properties and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. See Chapters 4.8, 4.12, and 5.10 in the SDEIS for more information.

FEDERALLY LISTED SPECIES: The USACE has made an initial determination under the Endangered Species Act of 1973 (ESA) as follows (inclusive of conservation measures by NDOT and anticipated permit conditions): • No Effect for the pallid sturgeon, lake sturgeon, piping plover, rufa red knot, and western prairie fringed orchid • Not Likely to Adversely Affect for the northern long-eared bat, least tern, whooping crane, and American burying beetle See Chapter 4.0 and Appendix D in the SDEIS for more information.

The U.S. Fish and Wildlife Service (USFWS) is a cooperating agency and is responsible for administering the ESA. The ESA provides for the conservation of federally listed T&E species and the ecosystems upon which they depend. Under Section 7(a)(2) of the ESA, the USACE is required to consult with USFWS to ensure that any federal action is not likely to jeopardize the continued existence of any T&E species, or adversely modify critical habitat designated for those species if a proposed federal project may affect a federally listed species.

WILD AND SCENIC RIVERS ACT: The National Park Service (NPS) is a cooperating agency and is responsible for administering Section 7(a) of the Wild and Scenic Rivers Act (16 USC 1271–1287, Public Law 90-542). Portions of this project are in the Missouri National Recreational River (MNRR) and near the Lewis and Clark National Historic Trail (National Historic Trails Act of 1978, as amended). A Section 7(a) of the Wild and Scenic Rivers Act determination issued by NPS of no direct and adverse effect to the outstandingly remarkable values (cultural, ecological, fish and wildlife, geological, recreational, and scenic) attributed to the MNRR is required before a selected alternative and proposed project can proceed to full permitting and implementation. See Appendices A and H in the SDEIS for more information.

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FLOODPLAIN: Portions of the Alternative S3 Minimized traverse through the Missouri and Niobrara River floodplains and floodways, and the Ponca and Bazile Creek floodplains and floodways. To date, the NDOT has not applied for a floodplain/floodway development permit with the Floodplain Administrator for Knox County, but the project activity will comply with State of Nebraska FEMA designated floodplain requirements. FEMA requires that construction within a floodway achieve a no-rise condition (i.e. not increase the base 100-year flood elevation). Project activities in the floodplain will be designed to ensure that the 100-year (1 percent annual chance) flood is conveyed without increasing the flood height by more than 1 foot. See Appendix F in the SDEIS for more information.

WATER QUALITY CERTIFICATION: The Environmental Protection Agency (EPA) is a cooperating agency and is responsible for Tribal 401 water quality certification for the Applied-for Project. NDEE is responsible for administering the state’s 401 Water Quality Certification Program and is responsible for 401 certification on non-tribal lands.

SUPPLEMENTARY INFORMATION: The USACE has invited the EPA, USFWS, NPS, the Federal Highway Administration (FHWA), and Knox County to be cooperating agencies in the formulation of the SDEIS. Additionally, the USACE has invited the NDEE and the Nebraska Department of Game and Parks Commission (NGPC) to serve as participating agencies during the preparation of the SDEIS.

The USACE developed this SDEIS in compliance with the requirements of NEPA and CWA Section 404(b)(1) guidelines. The purpose of the SDEIS is to provide a full and fair disclosure of the project impacts and reasonable Project alternatives, including the Applied-for Project. The NEPA process informs decision-makers and the public of the environmental impacts of the Project and reasonable Project alternatives that would avoid or minimize adverse impacts.

The USACE’s decision on whether or not to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed project and its alternatives on the public interest. The decision will reflect the national concern for both protection and use of important resources. The benefits that may reasonably be expected to accrue from the proposal must be balanced against the reasonably foreseeable detriments. All factors that may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, wetlands, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. In addition, the public interest evaluation will include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).

BACKGROUND INFORMATION: A Draft EIS for this project was released on October 9, 2015. A public open house and hearing was held on November 9, 2015. After the public comment period ended, NDOT elected to withdraw its Section 404 permit application on November 20, 2015. Since that time, NDOT has developed a modified project purpose and need, and alternatives responsive to this purpose and need. USACE has determined that a SDEIS will be needed to satisfy the requirements of the National Environmental Policy Act (NEPA) of 1969 as amended, 42 U.S.C. 4332(2)(c), and implementing regulations for all pertinent agency actions.

PUBLIC COMMENT: The public comment period on the SDEIS and NDOT’s 404 Application will be from January 3, 2020 to February 17, 2020. Before the expiration date of this notice, anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state the reason(s) for holding a public hearing. If the District Engineer determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be Page 6 of 8

warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location.

Copies of the SDEIS will be available for review at the following locations: • Niobrara Public Library / Civic Center, 25414 Park Ave #3, Niobrara, NE 68760 • Verdigre Public Library, 101 E 3rd Ave, Verdigre, NE 68783 • Tyndall City Library, 110 E 17th Ave, Tyndall, SD 57066 • Springfield City Library, 605 8th St, Springfield, SD 57062 • U.S. Army Corps of Engineers Gavins Point Project Office, Lewis and Clark Visitor Center, 55245 NE-121, Crofton, NE 68730 • Knox County Extension Office, 308 Bridge Street, Center, NE 68724 • U.S. Army Corps of Engineers Nebraska Regulatory Office, 8901 S 154th St #1, Omaha, NE 68138

Electronic copies of the SDEIS may be downloaded from the Nebraska Regulatory website: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/EIS-Highway-12/

Submitting Comments USACE is soliciting written comments on the SDEIS and NDOT’s 404 Application from the public; federal, state, and local agencies and officials; Native American Tribes; and other interested parties during the 45-day comment period. All written comments must be submitted to Ms. Becky Latka at the address listed below by Feb 17, 2020: Rebecca Latka, N-12 EIS Project Manager U. S. Army Corps of Engineers Omaha District 1616 Capitol Avenue Omaha, Nebraska 68102 Phone: (402) 995-2681 E-mail: [email protected]

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